scholarly journals he Pretrial (Praperadilan) Filed By The Suspect With The Status Wanted List Of People (DPO)

2020 ◽  
Vol 3 (2) ◽  
pp. 109
Author(s):  
Deni Yuherawan
Keyword(s):  
Rule Of Law ◽  
Secondary Data ◽  
Legal Counsel ◽  
Legal Problem ◽  
Conceptual Approach ◽  
The Rule Of Law ◽  
Norm Values ◽  
The Status ◽  
Research Problems ◽  
Prescriptive Analysis

The granting of a Pre-trial petition filed by a suspect whose status is a Wanted List of People (DPO) by the panel of judges is one of the actions deemed to deviate from the rule of law. SEMA Number 1 of 2018 concerning the Prohibition of Proposal for Pretrial by Escaping Suspects or with the status of DPO has confirmed that pretrial applications may not be filed by suspects who have fled or DPO in another sense submitted by legal counsel or their families. In this case, there is a legal problem, namely the conflict of norm values in a rule. So this article is written to analyze whether pretrial filings made by suspects with the status of a Wanted List or DPO can be justified or not. This research is normative legal research that uses a statutory approach (Statute Approach) and a conceptual approach (Conceptual Approach). For this reason, the data that the authors use is secondary data consisting of primary legal materials and secondary legal materials. Primary legal materials consist of legal products such as statutory regulations. Meanwhile, secondary legal materials consist of journals and books that are relevant to research problems. The collected data are then compiled,  processed,  and analyzed using prescriptive analysis using substance comparisons so that it will answer the problems.Keywords: Pre-trial, suspect, wanted List of people

scholarly journals Perlindungan Hukum atas Desain Industri Berdasarkan Undang-Undang No 31 T Ahun 2000

2021 ◽  
Vol 2 (2) ◽  
pp. 297-301
Author(s):  
Ida Ayu Mas lndriani ◽  
Ni Made Jaya Senastri ◽  
Ni Made Puspasutari Ujianti
Keyword(s):  
Rule Of Law ◽  
Industrial Design ◽  
Legal Protection ◽  
Secondary Data ◽  
Conceptual Approach ◽  
The Rule Of Law ◽  
Legal Implications ◽  
Design Law ◽  
Protection Of Human Rights ◽  
Definition Of

Intellectual property rights including industrial designs. The idea of ​​industrial design safety is based on the belief that human imagination, taste and initiative are closely linked to industrial design. The state grants protection against new industrial designs. The definition of the rule of law used in the legal protection of industrial designs is based on Law No. 31 of 2000. One of the components in this case is the protection of human rights which is the guideline for the legal protection of industrial designs. There are two forms of industrial design legal protection, which include preventive legal protection and repressive legal protection. This study aims to examine the form of legal protection for industrial designs based on Law No. 31 of 2000 and analyze the legal implications if the design rights holder does not register their industrial designs. This research was designed using normative research with a conceptual approach. The data used are primary and secondary data obtained through documentation and recording. The results of the study indicate that preventive legal protection is contained in the Act which is used to prevent violations and a description of the implementation of obligations while repressive legal protection is security in the form of sanctions for violations that have been committed. In view of this and considering the existence of protection in the form of the industrial design law, the designer can prevent the occurrence of plagiarism of his industrial design by registering his industrial design.

scholarly journals Konstitusionalitas Ancaman Pidana Terhadap Kejari (Penetapan Status Barang Sitaan dan Prekursor Narkotika)

Wajah Hukum ◽  
2021 ◽  
Vol 5 (2) ◽  
pp. 481
Author(s):  
Emir Ardiansyah ◽  
Ulya Kencana ◽  
Romli SA
Keyword(s):  
Rule Of Law ◽  
Secondary Data ◽  
The State ◽  
Constitutional Rights ◽  
The Rule Of Law ◽  
Legal Principles ◽  
Role Of The State ◽  
The Status ◽  
The Republic

Studies on the constitutionality of criminal threats against the Attorney General's Office (Head of the State Prosecutor's Office) in determining the status of confiscated narcotics and narcotic precursors, based on the Law of the Republic of Indonesia Number 35 of 2009 concerning Narcotics, it is very necessary to do so. The regulation has an over-criminalization nuance that is detrimental to the constitutional rights of the Kejari. The research aims to analyze the role of the state in protecting the constitutional rights of the Kejari within the rule of law framework. The scope of the research describes the structure of values or norms in statutory regulations and the principles it adheres to. Legal principles are used in interpreting the Narcotics Law by linking it to the rule of law framework. The research method is normative legal research using secondary data. The results of the research revealed that the provisions in Article 141 and Article 91 paragraph (1) of the Narcotics Law have the potential to violate the constitutional rights of the Kejari. because it is not in accordance with the protection of constitutional rights in the institutional structure of the prosecutor's office, which may not be intervened in criminal law enforcement. In conclusion, the state plays a major role in implementing the protection of the constitutional rights of citizens and Kejari officials. The state is obliged to fulfill, respect and protect the constitutional rights of citizens. Institutionally, the state synergizes with the prosecutor's office must affirm the ethical and administrative areas concretely and limitatively, so as not to cause obscurity of norms and excessive criminalization of non-criminal acts to become criminal acts.

Rule of Law in India

2018 ◽  
Author(s):  
Harish Narasappa
Keyword(s):  
Human Rights ◽  
Dispute Resolution ◽  
Rule Of Law ◽  
Theory And Practice ◽  
The Rule Of Law ◽  
Social Challenges ◽  
Application Of Law ◽  
Primary Element ◽  
The Status ◽  
Dispute Resolution Mechanism

Rule of law is the foundation of modern democracies. It envisages, inter alia, participatory lawmaking, just and certain laws, a bouquet of human rights, certainty and equality in the application of law, accountability to law, an impartial and non-arbitrary government, and an accessible and fair dispute resolution mechanism. This work’s primary goal is to understand and explain the obvious dichotomy that exists between theory and practice in India’s rule of law structure. The book discusses the contours of the rule of law in India, the values and aspirations in its evolution, and its meaning as understood by the various institutions, identifying reason as the primary element in the rule of law mechanism. It later examines the institutional, political, and social challenges to the concepts of equality and certainty, through which it evaluates the status of the rule of law in India.

scholarly journals PERLINDUNGAN HUKUM TERHADAP PERBATASAN WILAYAH ANTARA NEGARA REPUBLIK INDONESIA DENGAN TIMOR LESTE

2017 ◽  
Vol 7 (2) ◽  
pp. 141
Author(s):  
Rimbawanto ◽  
Doddy Kridasaksana ◽  
Ariyono
Keyword(s):  
Indigenous Peoples ◽  
Rule Of Law ◽  
Legal Protection ◽  
Secondary Data ◽  
Legal Research ◽  
The Rule Of Law ◽  
Timor Leste ◽  
The Republic

<p>Tujuan yang hendak dicapai dari penelitian ini dapat mengetahui perlindungan hukum terhadap perbatasan wilayah antara Negara Republik Indonesia dengan Timor Leste dan kendala dan upaya mengatasi masalah perbatasan wilayah antara Negara Republik Indonesia dengan Timor Leste.</p><p>Penelitian ini menggunakan yuridis normatif yaitu penelitian hukum yang dilakukan dengan cara meneliti atau mempelajari masalah dilihat dari segi aturan hukumnya, meneliti bahan pustaka atau data sekunder</p><p>Hasil penelitian ini menunjukkan secara umum berdasarkan hasil inventarisir peraturan perundang-undangan, pengakuan masyarakat adat di Indonesia tidak dalam posisi untuk mengakui keberadaan masyarakat adat, melainkan untuk membatasi keberadaan masyarakat adat.</p><pre>The objectives to be achieved from this research can be legal protection of the territorial border between the Republic of Indonesia and Timor Leste and the constraints and efforts to overcome the border issues between the Republic of Indonesia and Timor Leste.</pre><pre>               This study uses yuridis normative, namely legal research conducted by researching or studying the problem seen in terms of the rule of law, researching library materials or secondary data</pre><pre>               The results of this study show Generally based on the results of inventory of legislation, the recognition of indigenous peoples in Indonesia is not in a position to recognize the existence of indigenous peoples, but rather to limit the existence of indigenous peoples. </pre><pre> </pre>

Canadian Exclusion Jurisprudence post-Febles

2021 ◽  
Author(s):  
Molly Joeck
Keyword(s):  
Supreme Court ◽  
Rule Of Law ◽  
Asylum Seekers ◽  
Refugee Status ◽  
The Rule Of Law ◽  
Refugee Protection ◽  
Refugee Law ◽  
The Supreme Court ◽  
The Status ◽  
International Refugee Law

Abstract This article examines the state of Canadian refugee law since the decision of the Supreme Court in Febles v Canada (Citizenship and Immigration) [2014] 3 SCR 431. Drawing upon an analysis of a set of decisions of the Immigration and Refugee Board, the administrative tribunal tasked with refugee status determination in Canada, the article seeks to determine whether administrative decision makers are heeding the guidance of Febles when excluding asylum seekers from refugee protection on the basis of serious criminality pursuant to article 1F(b) of the 1951 Convention relating to the Status of Refugees. In doing so, it examines the controversy around article 1F(b) since its inception across various jurisdictions and amongst academic commentators, situating Febles within that controversy in order to demonstrate that the Supreme Court’s reluctance to clearly set out the purpose underlying article 1F(b) is in step with a longstanding tendency to understand the provision as serving a gatekeeping function, that prevents criminalized non-citizens from obtaining membership in our society. It argues that by omitting to set out a clear and principled standard by which asylum seekers can be excluded from refugee protection pursuant to article 1F(b), the Supreme Court failed to live up to a thick understanding of the rule of law. It concludes by calling for a reassertion of the rule of law into exclusion decision making, both nationally and internationally, in order to ensure that the legitimacy of the international refugee law regime is maintained.

Language, Rights, Remedies, and the Rule of Law

1988 ◽  
Vol 1 (1) ◽  
pp. 35-62
Author(s):  
Denise Réaume
Keyword(s):  
Supreme Court ◽  
Rule Of Law ◽  
Prima Facie ◽  
Supreme Court Of Canada ◽  
Language Rights ◽  
The Rule Of Law ◽  
English Only ◽  
The Status ◽  
French And English ◽  
Manitoba Act

When Georges Forest challenged the validity of Manitoba’s Official Language Act in 1976, he opened up the larger issue of the status of the province’s English-only legislation. The courts had little difficulty in concluding that the Act, which purported to make English the only language used in the courts and legislature of Manitoba, violated s. 23 of the Manitoba Act, 1870. This left open the fate of legislation enacted over the preceding ninety years in breach of the obligation to legislate in both French and English. Prima facie, the natural remedy, in the Canadian constitutional context, would be to declare such unconstitutional legislation invalid and therefore of no force and effect. But this would have left the province with virtually no statutory law. To avoid this result the Manitoba Court of Appeal decided that s. 23 is directory rather than mandatory. This decision was appealed to the Supreme Court of Canada. At about the same time the federal government exercised its power under the Supreme Court Act to refer these remedial issues to the Court for its legal opinion. In Reference Re Language Rights under the Manitoba Act, 1870, the Court disagreed with the Court of Appeal’s classification of s. 23 as merely directory, but was equally troubled by leaving Manitoba without any statute law. Therefore, it declared all Manitoba’s statutes since 1890 to be invalid, but deemed the rights and obligations arising under them to be temporarily in force until the province could reasonably be expected to comply with s. 23. In order to reach this unusual result the Court relied on the doctrine of the rule of law. The constitutional remedies issue posed by this case is probably the most challenging that the Canadian courts have ever faced. The Supreme Court’s approach reveals important underlying presuppositions which go unnoticed in less difficult cases.

Underground Warfare in Urban Areas

2018 ◽  
Author(s):  
Daphné Richemond-Barak
Keyword(s):  
Rule Of Law ◽  
Urban Areas ◽  
Armed Conflict ◽  
The Rule Of Law ◽  
Law Of Armed Conflict ◽  
The Status ◽  
The Law ◽  
Operational Constraints ◽  
Sewage Systems

This chapter focuses on the application of the law of armed conflict to “urban” tunnels, that is, tunnels dug near, by, or against civilians. It examines the legal ramifications of urban tunnels for anti-tunnel operations and the protection of civilians in war. It suggests some answers, with a view to reconciling the rule of law with operational constraints. It also analyzes the status of civilians who help dig tunnels or find themselves inside a tunnel at the time of a strike. Finally, it considers the situation in which preexisting underground civilian infrastructure, such as subways or sewage systems, are used to launch attacks or carry out other types of hostile activity.

Culture of law at Arab universities

2017 ◽  
Vol 10 (3) ◽  
pp. 392-407
Author(s):  
Adnan El Amine
Keyword(s):  
Rule Of Law ◽  
The Rule Of Law ◽  
Four Dimensions ◽  
For Profit ◽  
Not For Profit ◽  
College Of Law ◽  
The Status ◽  
Discourse Teaching ◽  
The University ◽  
Require Data

The prevalence of a culture of law at a sample of 36 Arab universities is studied in this study. It examines four dimensions of the culture of law: reference to law and its related terms in the universities discourse; teaching of law programmes and law courses; activities practised at the university that raise legal topics; and perceptions of faculty and students on the existence of a culture of law at the university. The results showed that the culture of law is fair to weak. There was not a single university in the sample that was classified as ‘above average’ in terms of the four dimensions. Five universities – all private – were classified as ‘below average’, one of which was religious and the others for-profit. Both expressions ‘rule of law’ and ‘culture of law’ were absent from the discourse. Unlike the discourse, there was not a single university lacking in the law curricula, be it programmes or courses. The existence of a college of law at a university contributes to the expansion of the culture of law at the university. The culture of law is further expanded as well at private not-for-profit universities in comparison with for-profit ones. Public universities in Tunisia lag behind other Arab universities in discourse due to their lack of interest in developing websites, whereas they are ahead in curricula and perceptions. Paradoxically, almost nothing has been written about the issue of culture of law (and the rule of law) in Arab universities. Although there is an abundance of writing on academic freedom, it does not fill the gap. It is not the remit of this paper to investigate the rule of law at Arab universities; that would require data collection on facts, practices and stories, although such a project is badly needed. Instead, it investigates the culture of law, since the author believes it is a reliable indicator of the status of the rule of law.

Plato's lawcode in context: rule by written law in Athens and Magnesia

1999 ◽  
Vol 49 (1) ◽  
pp. 100-122 ◽  
Author(s):  
Andrea Wilson Nightingale
Keyword(s):  
Rule Of Law ◽  
Fourth Century ◽  
The Political ◽  
Medical Texts ◽  
Philosophical Discussion ◽  
The Rule Of Law ◽  
Political Ideologies ◽  
Textual Practices ◽  
The Status ◽  
Written Law

Perhaps more than any other dialogue, Plato's Laws demands a reading that is at once historical and philosophical. This text's conception of the ‘rule of law’ is best understood in its contemporary socio-political context; its philosophical discussion of this topic, in fact, can be firmly located in the political ideologies and institutions of fourth-century Greece. In this paper, I want to focus on the written lawcode created in the Laws in the context of the Athenian conception and practice of rule by written law. How are the Athenian laws authorized, disseminated, and implemented, and how does Plato's lawcode reflect and/or depart from this model? What is the status of the ‘text’ of each lawcode? How—and how well—do the citizens know the law? When and by whom can the lawcode be altered? Recent work on literacy and on rule by written law in fourth-century Athens invites a serious reconsideration of Plato's lawcode and the polity it is designed for. Certainly Plato's Laws is grounded in a serious meditation on Athenian legislative practices. But Plato adds a novel ingredient to his legislation—the ‘Egyptian’ practice of ‘doing things by the book’ exemplified by (among other things) the institution of laws which compel doctors to treat patients in strict accordance with venerable and, indeed, sacred medical texts. As I will argue, the ‘Egyptian’ medical and textual practices offer a model for the rule of law quite different from that found in Athens.

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